SB2345

SECTION 1. The legislature finds that the Centers for Disease Control and Prevention defines sugar-sweetened beverages as any drinks that are sweetened with various forms of added sugars. Sugar-sweetened beverages are the leading sources of added sugars in the American diet. Frequent consumption of sugar-sweetened beverages is associated with serious health problems, including weight gain, obesity, type 2 diabetes, heart disease, non-alcoholic liver disease, tooth decay and cavities, and gout, a type of arthritis. In response to the proven adverse health effects, over thirty-five jurisdictions require warning labels on food and beverage products containing excessive sugar. These jurisdictions include San Francisco, New York City, the European Union, and Singapore, among others. Many other jurisdictions in the United States have implemented a sugar tax on certain sugar-sweetened beverages to dissuade the public's consumption of these products. Many cities and states in the United States continue to introduce legislation requiring warning labels on sugar-sweetened beverages.

The legislature additionally finds that studies published by the National Institute of Health have found that adults who regularly consume sugar-sweetened beverages (about one can of soda per day) have a forty-six per cent higher risk of developing prediabetes compared to low- or non-consumers over a fourteen-year period. Another study found that people who consume one to two cans of sugar-sweetened beverages per day have a twenty-six per cent greater risk of developing type 2 diabetes than people who rarely have such drinks.

The legislature further finds that drinking sugar-sweetened beverages can also significantly contribute to tooth decay. A 2016 department of health report found that seventy-one per cent of third graders in Hawaii are affected by tooth decay, making Hawaii the state with the highest prevalence of tooth decay among third graders in the nation. Hawaii recently received a failing grade in a series of oral health report cards released by The Pew Center on the States.

Accordingly, the purpose of this Act is to require a warning label on certain sugar-sweetened beverage containers and packaging to alert consumers and the public of the health effects of sugary drinks. Adding warning labels to sugar-sweetened beverages will complement other program and policy efforts to reduce obesity and chronic diseases in the State by allowing consumers to make informed choices.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . excessive sugar warning labels for beverages

§321-A Definitions. As used in this part:

"Added sugars" has the same meaning as defined in title 21 United States Code section 101.9(c)(6)(iii).

"Beverage" means mineral waters, fruit juices, ades, and other similar noncarbonated drinks, soda water, and flavored carbonated drinks, in liquid form and intended for human consumption.

"Beverage container" means the individual, separate, sealed glass, metal, paper, or plastic bottle or can, containing a beverage.

"Concentrate" means a syrup, powder, or base product that is used for mixing, compounding, or making sugar-sweetened beverages in a soda fountain or beverage dispensing machine. "Concentrate" does not include the following:

(1) Any product that is solely used in preparing coffee or tea;

(2) Infant formula;

(3) Any product intended to be used for weight reduction;

(4) Milk or milk products;

(5) Any frozen concentrate or freeze-dried concentrate to which only water is added to produce a sweetened beverage containing more than fifty per cent natural fruit juice, natural vegetable juice, or combination of natural fruit juice and natural vegetable juice;

(6) Any product that is sold and is intended to be used for the purpose of an individual consumer mixing a sweetened beverage;

(7) Medical food; and

(8) Any product in which there are no added sugars.

"Consumer" means a person who purchases a sugar-sweetened beverage for consumption and not for sale to another.

"Department" means the department of health.

"Distribution" means the:

(1) Sale of beverage containers containing sugar-sweetened beverages or concentrate to a retailer;

(2) Receipt of untaxed beverage containers containing sugar-sweetened beverages or concentrate in the State from an unregistered out-of-state distributor by a retailer;

(3) Retail sale of untaxed sugar-sweetened beverages or concentrate in the State; or

(4) Use or consumption of untaxed beverage containers containing sugar-sweetened beverages or concentrate in the State by a distributor or retailer. For the purposes of this paragraph, "use or consumption" includes the exercise of any right or power over beverage containers containing sugar-sweetened beverages or concentrate incident to the beverages' ownership, except that it does not include the sale of that property or the keeping or retention of the property by a distributor or retailer for the purpose of sale.

"Distributor" means any person, including a manufacturer or wholesale dealer, who receives, stores, manufactures, bottles, or distributes beverage containers containing sugar-sweetened beverages or concentrate for sale to retailers doing business in the State regardless of whether that person also sells the products to consumers.

"Milk" means natural liquid milk regardless of animal source or butterfat content; natural milk concentrate, whether or not reconstituted, regardless of animal source or butterfat content; dehydrated natural milk, whether or not reconstituted and regardless of animal source or butterfat content; soy milk; oat milk; coconut milk; or rice milk.

"Natural fruit juice" or "natural vegetable juice" means the original liquid resulting from the pressing of fruits or vegetables, respectively, or the liquid resulting from the dilution of dehydrated natural fruit juice or natural vegetable juice, respectively.

"Non-alcoholic beverage" means any beverage that contains less than one-half of one per cent alcohol by volume.

"Powder" means any solid mixture of ingredients that:

(1) Contains added sugars; and

(2) Is used in making, mixing, or compounding a sugar‑sweetened beverage by combining the powder with one or more other ingredients, including:

(A) Water;

(B) Ice;

(D) Simple syrup;

(E) Fruits;

(F) Vegetables;

(G) Fruit juice;

(H) Vegetable juice;

(I) Carbonation; or

(J) Other gas.

"Retailer" means any person who sells or otherwise dispenses in the State a sugar-sweetened beverage or concentrate to a consumer regardless of whether that person is also a distributor. "Retailer" includes a person who operates a facility where sugar-sweetened beverages may be purchased from vending machines.

"Sale" or "sell" means the transfer of title or possession, or both, exchange or barter, in any manner or by any means whatsoever, whether or not consideration is paid.

"Soda fountain" means any device that dispenses a sugar‑sweetened beverage into an unsealed container as a ready‑to-drink beverage.

"Sugar-sweetened beverage" means any non-alcoholic beverage, carbonated or noncarbonated, that is intended for human consumption and contains twenty-five grams or more of added sugars per serving. "Sugar-sweetened beverage" does not include:

(1) Beverages consisting of one hundred per cent natural fruit juice or natural vegetable juice with no added sugars;

(2) Milk without any added sugars;

(3) Liquid dietary aids manufactured for use as:

(A) An oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages;

(B) A source of necessary nutrition used due to a medical condition; or

(4) Infant formula.

"Syrup" means any liquid mixture of ingredients that:

(1) Contains added sugars; and

(2) Is used in making, mixing, or compounding a sugar‑sweetened beverage by combining the syrup with one or more other ingredients, including:

(A) Water;

(B) Ice;

(D) Simple syrup;

(E) Fruits;

(F) Vegetables;

(G) Fruit juice;

(H) Vegetable juice;

(I) Carbonation; or

(J) Other gas.

"Unsealed container" means a container, including a glass, cup, or any container for fountain drinks, into which a beverage is dispensed or poured at the business premises where the beverage is purchased.

§321-B Warning label required for sugar-sweetened beverages. (a) Beginning July 1, 2027, no person shall distribute, sell, or offer for sale a beverage container containing a sugar-sweetened beverage unless the beverage container bears the following warning label in bold typeface: "WARNING: Excessive sugar."

The warning label shall:

(1) Be prominently displayed, readily legible under normal conditions, separate and apart from all other information, and on a contrasting background;

(2) Include only conspicuous and legible type in contrast by typography, layout, or color with all other printed material on the beverage container;

(3) Appear in a font size and using a maximum number of characters per inch, as follows:

(A) For beverage containers of eight fluid ounces or less, the warning label shall be in a font not smaller than one millimeter and not more than forty characters per inch;

(B) For beverage containers of more than eight fluid ounces and less than two liters, the warning label shall be in a font not smaller than two millimeters and not more than twenty-five characters per inch; and

(C) For beverage containers of two liters or more, the warning label shall be in a font not smaller than three millimeters and not more than twelve characters per inch;

(4) Include the word "WARNING" in capital letters;

(5) Be enclosed in a rectangular border; and

(6) Be printed directly on the beverage container or affixed to the beverage container so that the warning label cannot be removed without thorough application of water or other solvents.

(b) Beginning July 1, 2027, no person shall distribute, sell, or offer for sale a multipack of beverage containers containing sugar-sweetened beverages unless the multipack bears the warning label required by subsection (a). The warning label shall be posted conspicuously on at least two sides of the multipack, in addition to being posted on each individual beverage container.

(c) Beginning July 1, 2027, no person shall distribute, sell, or offer for sale a concentrate in packaging that is intended for retail sale unless the packaging of the concentrate bears the warning label required by subsection (a).

(d) The department shall establish rules pursuant to chapter 91 to effectuate the purposes of this part.

§321-C Vending machines; soda fountains; point of sale; warning label requirements. (a) Beginning July 1, 2027, every person who owns, leases, or legally controls the premises where a vending machine or soda fountain is located, or where a sugar‑sweetened beverage is sold in an unsealed container, shall cause to be placed a warning label in each of the following locations:

(1) On the exterior of any vending machine that includes a sugar-sweetened beverage for sale;

(2) On the exterior of any soda fountain used by a consumer to dispense a sugar-sweetened beverage through self-service; and

(3) At the point on the premises where any consumer would normally order or request a sugar-sweetened beverage in an unsealed container, when the unsealed container is filled by an employee or agent rather than the consumer.

(b) The warning label required pursuant to this section shall use the same language as required in section 321-B(a).

(c) The warning label required pursuant to this section shall be prominently displayed, readily legible, separate and apart from all other information, and on a contrasting background.

§321-D Enforcement and penalties. (a) Each beverage container, multipack, and package of concentrate distributed, sold, or offered for sale in violation of this part shall constitute a separate violation. Each day of a continuing violation of this part shall constitute a separate violation.

(b) Any person who has violated any of the requirements of this part shall be liable for a civil penalty of not less than $500 nor more than $1,000 for each day of violation."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2345
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII